CASE COMMENTS: PROCEDURES – REASONABLE TIME – EXCESSIVE DURATION OF ADMINISTRATIVE PROCEDURE – RIGHT OF DEFENCE – FAIR TRIAL – ART. 6 ECHR

Reasonable time: The Court of Cassation annuls the «Perfumes» decision on the basis of excessive duration of procedure (Perfumes)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. In this case, the French Supreme Court (Cour de cassation) was called upon to rule on the decision handed down by the Paris Court of Appeals on referral after cassation, in the luxury perfumescase. (decision 06-D-04), and more specifically on the Court of Appeal's application of the principle of reasonable delay. While there is no need to go back over the various stages of this case (on the various episodes of this case, see most recently CA Paris, ch. 5-7, 10 Nov. 2009, Concurrences, No. 1-2010, obs. C. Momège), it should be recalled that the Court of Appeal had concluded that the duration of the procedure was excessive and had annulled the Competition

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Reasonable time: The Court of Cassation annuls the «Perfumes» decision on the basis of excessive duration of procedure (Perfumes), 23 November 2010, Concurrences N° 1-2011, Art. N° 34326, pp. 193-195

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